Chapter 13.20
UNDERGROUND INSTALLATION OF UTILITIES*
Sections:
13.20.010 Purpose and intent of provisions.
13.20.030 New extensions—Undergrounding required.
13.20.040 Exceptions to undergrounding.
13.20.050 Hardship variance—Eligibility.
13.20.060 Hardship variance—Application.
13.20.070 Hardship variance—Public hearing—Decision.
13.20.080 Hardship variance—Revocation.
13.20.090 Hardship variance. Appeal and fee.
13.20.100 Pole placement and location.
13.20.110 Existing facilities.
* Prior ordinance history: Ord. 390.
13.20.010 Purpose and intent of provisions.
The board of supervisors finds and determines that the public interest requires that facilities and wires for the extension of existing facilities for the supply and distribution of electrical energy and service, including communication and cable television service, shall be placed underground in order to promote and preserve the health, safety and general welfare of the public, and to assure the orderly development of the county. (Ord. 403 1, 1981)
13.20.020 Definitions.
The definitions in this section apply to this chapter only and do not affect any other provisions or ordinances or laws:
A. “Building” means any structure used or intended for supporting or sheltering any use or occupancy as defined in the Uniform Building Code.
B. “Existing facilities” means facilities which were owned and utilized by the utility on or before the effective date of the ordinance codified in this chapter.
C. “Extension” means the construction or installation of facilities to serve areas or buildings not previously served by the utility.
D. “Facilities” means and includes, but is not limited to wires, cables, conduits, poles, transformers, guy wires, towers, etc., used for the purpose of transmission and distribution of a utility service.
E. “Interset poles” means the placement of new poles between existing poles.
F. “Reinforcement” means the structural repair or modification of facilities such as the installation of supports or guy wires designed to protect or preserve existing facilities.
G. “Utility” means any public agency, private company or individual that supplies and/or distributes electrical energy and service including communication and cable television service. (Ord. 403 § 2, 1981)
13.20.030 New extensions—Undergrounding required.
It is ordered by the board of supervisors that:
A. All new extensions of existing utility distribution facilities (including, but not limited to electric, communication, and cable television lines), hereafter constructed or installed in the county shall be placed underground.
B. Electric and communication service wires or cables to any new building or structure shall be placed underground unless a hardship variance to construct said facilities aboveground is granted, as hereinafter provided.
C. It will be the responsibility of the applicant for electric, communication or similar or associated service to make the necessary arrangements with the utility companies involved for the underground installation of wires and facilities required for such new extension and/or service, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the California Public Utilities Commission. (Ord. 403 § 3, 1981)
13.20.040 Exceptions to undergrounding.
The provisions of Section 13.20.030 shall not apply to:
A. Poles or electroliers used exclusively for street lighting;
B. Overhead wires connecting to antennas or serving seasonal decorative lighting attached to the exterior surface of a building by means of a bracket or other fixture and extended from one location on the building to another location on the same building;
C. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred volts;
D. Aboveground installation of equipment appurtenant to underground facilities such as transformers, amplifiers, terminal boxes, meter cabinets, and concealed ducts will be permitted. Those installations within the public right-of-way or contiguous thereto shall be subject to review and approval of engineering drawings of location by the public works director. Such approval may be conditioned upon the installation of landscaping or other screening. All aboveground installations will be inspected for appearance and safety of location prior to installation;
E. Temporary poles, overhead wires and associated overhead facilities used or to be used in conjunction with construction projects, or installed and maintained for a period not to exceed ten days in order to provide emergency service;
F. Antennas, associated equipment, cables, and supporting facilities together with passive repeaters and active R.F. repeaters, used by a utility for furnishing communication services;
G. Overhead facilities for agricultural purposes on property having a minimum of one hundred sixty acres, or one-fourth section, and which is already served by overhead facilities. (Ord. 403 § 4, 1981)
13.20.050 Hardship variance—Eligibility.
Within any single-family residence area established pursuant to the zoning ordinance, any parcel proposed to be developed for residential use (not within a subdivision, as defined in the Subdivision Map Act) may be granted a hardship variance to be served by overhead utility facilities if the county planning commission makes all of the following findings:
A. Such parcel legally existed on or before the effective date of the ordinance codified in this chapter and is within an area which is developed and served by existing overhead facilities.
B. The requirement of underground installation would involve unreasonable hardship. (Ord. 403 § 5 (part), 1981)
13.20.060 Hardship variance—Application.
Application for a hardship variance shall be made in writing on a form prescribed by the planning commission and shall be accompanied by a fee as prescribed by the Alpine County Fee Ordinance, set out at Chapter 3.04 of this code, and by statements, plans, estimates, and other evidence necessary for the commission to make a knowledgeable decision. (Ord. 417 § 1, 1982: Ord. 403 § 5.1, 1981)
13.20.070 Hardship variance Public hearing—Decision.
A. A public hearing shall be held within fifty days after a filing of application, notice of which shall be given by one publication in a newspaper of general circulation in the county and if no newspaper of general circulation is published in the county, then by publication in a newspaper of general circulation nearest to the county, and by posting notice in at least two conspicuous places close to the property at least ten days prior to such hearing.
B. The planning commission shall make a finding of facts showing whether the qualifications under this section and whether such variance shall be in harmony with the general purposes of this chapter. Such written finding of facts shall be the basis for the granting, conditional granting, or denial of the variance by the planning commission. (Ord. 403 § 5.2, 1981)
13.20.080 Hardship variance—Revocation.
A. In any case where the conditions to granting of a variance have not, or are not complied with, the commission shall give notice to the permittee of intention to revoke such variance at least ten days prior to hearing thereon. After conclusion of the hearing, the commission may revoke such variance.
B. In any case where a variance has not been used within one year after the date of granting thereof, then without further notice or action, the variance granted shall be null and void. (Ord. 403 § 5.3, 1981)
13.20.090 Hardship variance—Appeal and fee.
Appeal from any such finding or action by the planning commission may be made in writing to the board of supervisors within ten days from the date of the commission’s action. A filing fee of twenty-five dollars shall be required. (Ord. 403 § 5.4, 1981)
13.20.100 Pole placement and location.
New poles which are authorized by a hardship variance shall be placed only at property corners when installed in areas where parcels or lots have an area of one acre or less, unless otherwise specifically authorized by the planning commission. (Ord. 403 § 7, 1981)
13.20.110 Existing facilities.
A. The provisions of Section 13.20.030 shall not prohibit the maintenance and operation of existing overhead facilities, nor prohibit the installation of overhead service lines to buildings or structures already served by at least one overhead utility service or where the relocation is necessary because of street improvements, nor prohibit the connection of underground service lines to existing overhead utility distribution equipment. A utility may interset additional poles or other supporting facilities or increase the height of existing poles or other supporting facilities if such work takes place within the existing easements and locational confines of existing overhead facilities; and may continue to maintain, repair, replace and reinforce any facility existing on or before the effective date of the ordinance codified in this chapter.
B. The presence of existing overhead facilities owned or utilized by one utility does not in any way authorize another utility to install or construct new overhead facilities on the existing facilities, i.e., a communication line on existing poles does not authorize the installation of new electrical lines on the same poles. (Ord. 403 § 6, 1981)
13.20.120 Enforcement.
A. All departments, officials and public employees of the county vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no such permit or license for uses, buildings, or purposes where the same could be in conflict with the provisions of this chapter.
B. It shall be the duty of the building inspector and of the officers of the county herein and/or otherwise charged by law with the enforcement of ordinances to enforce this chapter. (Ord. 403 § 8, 1981)
13.20.130 Violation—Penalty.
It is unlawful for any person to violate any provisions or to fail to comply with any of the requirements of this chapter. Any person violating shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this chapter. (Ord. 403 § 9, 1981)